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15 U.S.C. § 2611 — Exports
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) Except as provided in paragraph (2) and subsections (b) and (c), this chapter (other than [section 2607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2607&num=0&edition=prelim)) shall not apply to any chemical substance, mixture, or to an article containing a chemical substance or mixture, if—
(A) it can be shown that such substance, mixture, or article is being manufactured, processed, or distributed in commerce for export from the United States, unless such substance, mixture, or article was, in fact, manufactured, processed, or distributed in commerce, for use in the United States, and
(B) such substance, mixture, or article (when distributed in commerce), or any container in which it is enclosed (when so distributed), bears a stamp or label stating that such substance, mixture, or article is intended for export.
(2) Paragraph (1) shall not apply to any chemical substance, mixture, or article if the Administrator finds that the substance, mixture, or article presents an unreasonable risk of injury to health within the United States or to the environment of the United States. The Administrator may require, under [section 2603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2603&num=0&edition=prelim), testing of any chemical substance or mixture exempted from this chapter by paragraph (1) for the purpose of determining whether or not such substance or mixture presents an unreasonable risk of injury to health within the United States or to the environment of the United States.
**(b) Notice**
(1) If any person exports or intends to export to a foreign country a chemical substance or mixture for which the submission of information is required under sect
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**(a) In general**
(1) Except as provided in paragraph (2) and subsections (b) and (c), this chapter (other than [section 2607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2607&num=0&edition=prelim)) shall not apply to any chemical substance, mixture, or to an article containing a chemical substance or mixture, if—
(A) it can be shown that such substance, mixture, or article is being manufactured, processed, or distributed in commerce for export from the United States, unless such substance, mixture, or article was, in fact, manufactured, processed, or distributed in commerce, for use in the United States, and
(B) such substance, mixture, or article (when distributed in commerce), or any container in which it is enclosed (when so distributed), bears a stamp or label stating that such substance, mixture, or article is intended for export.
(2) Paragraph (1) shall not apply to any chemical substance, mixture, or article if the Administrator finds that the substance, mixture, or article presents an unreasonable risk of injury to health within the United States or to the environment of the United States. The Administrator may require, under [section 2603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2603&num=0&edition=prelim), testing of any chemical substance or mixture exempted from this chapter by paragraph (1) for the purpose of determining whether or not such substance or mixture presents an unreasonable risk of injury to health within the United States or to the environment of the United States.
**(b) Notice**
(1) If any person exports or intends to export to a foreign country a chemical substance or mixture for which the submission of information is required under section 2603 or 2604(b) of this title, such person shall notify the Administrator of such exportation or intent to export and the Administrator shall furnish to the government of such country notice of the availability of the information submitted to the Administrator under such section for such substance or mixture.
(2) If any person exports or intends to export to a foreign country a chemical substance or mixture for which an order has been issued under [section 2604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2604&num=0&edition=prelim) or a rule has been proposed or promulgated under section 2604 or 2605 of this title, or with respect to which an action is pending, or relief has been granted under section 2604 or 2606 of this title, such person shall notify the Administrator of such exportation or intent to export and the Administrator shall furnish to the government of such country notice of such rule, order, action, or relief.
**(c) Prohibition on export of elemental mercury and mercury compounds**
(1) **Prohibition** — Effective January 1, 2013, the export of elemental mercury from the United States is prohibited.
(2) **Inapplicability of subsection (a)** — Subsection (a) shall not apply to this subsection.
(3) **Report to Congress on mercury compounds**
(A) *Report* — Not later than one year after October 14, 2008, the Administrator shall publish and submit to Congress a report on mercuric chloride, mercurous chloride or calomel, mercuric oxide, and other mercury compounds, if any, that may currently be used in significant quantities in products or processes. Such report shall include an analysis of—
(i) the sources and amounts of each of the mercury compounds imported into the United States or manufactured in the United States annually;
(ii) the purposes for which each of these compounds are used domestically, the amount of these compounds currently consumed annually for each purpose, and the estimated amounts to be consumed for each purpose in 2010 and beyond;
(iii) the sources and amounts of each mercury compound exported from the United States annually in each of the last three years;
(iv) the potential for these compounds to be processed into elemental mercury after export from the United States; and
(v) other relevant information that Congress should consider in determining whether to extend the export prohibition to include one or more of these mercury compounds.
(B) *Procedure* — For the purpose of preparing the report under this paragraph, the Administrator may utilize the information gathering authorities of this subchapter, including sections 2609 and 2610 of this title.
(4) **Essential use exemption**
(A) Any person residing in the United States may petition the Administrator for an exemption from the prohibition in paragraph (1), and the Administrator may grant by rule, after notice and opportunity for comment, an exemption for a specified use at an identified foreign facility if the Administrator finds that—
(i) nonmercury alternatives for the specified use are not available in the country where the facility is located;
(ii) there is no other source of elemental mercury available from domestic supplies (not including new mercury mines) in the country where the elemental mercury will be used;
(iii) the country where the elemental mercury will be used certifies its support for the exemption;
(iv) the export will be conducted in such a manner as to ensure the elemental mercury will be used at the identified facility as described in the petition, and not otherwise diverted for other uses for any reason;
(v) the elemental mercury will be used in a manner that will protect human health and the environment, taking into account local, regional, and global human health and environmental impacts;
(vi) the elemental mercury will be handled and managed in a manner that will protect human health and the environment, taking into account local, regional, and global human health and environmental impacts; and
(vii) the export of elemental mercury for the specified use is consistent with international obligations of the United States intended to reduce global mercury supply, use, and pollution.
(B) Each exemption issued by the Administrator pursuant to this paragraph shall contain such terms and conditions as are necessary to minimize the export of elemental mercury and ensure that the conditions for granting the exemption will be fully met, and shall contain such other terms and conditions as the Administrator may prescribe. No exemption granted pursuant to this paragraph shall exceed three years in duration and no such exemption shall exceed 10 metric tons of elemental mercury.
(C) The Administrator may by order suspend or cancel an exemption under this paragraph in the case of a violation described in subparagraph (D).
(D) A violation of this subsection or the terms and conditions of an exemption, or the submission of false information in connection therewith, shall be considered a prohibited act under [section 2614 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2614&num=0&edition=prelim), and shall be subject to penalties under [section 2615 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2615&num=0&edition=prelim), injunctive relief under [section 2616 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2616&num=0&edition=prelim), and citizen suits under [section 2619 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2619&num=0&edition=prelim).
(5) **Consistency with trade obligations** — Nothing in this subsection affects, replaces, or amends prior law relating to the need for consistency with international trade obligations.
(6) **Export of coal** — Nothing in this subsection shall be construed to prohibit the export of coal.
(7) **Prohibition on export of certain mercury compounds**
(A) *In general* — Effective January 1, 2020, the export of the following mercury compounds is prohibited:
(i) Mercury (I) chloride or calomel.
(ii) Mercury (II) oxide.
(iii) Mercury (II) sulfate.
(iv) Mercury (II) nitrate.
(v) Cinnabar or mercury sulphide.
(vi) Any mercury compound that the Administrator adds to the list published under subparagraph (B) by rule, on determining that exporting that mercury compound for the purpose of regenerating elemental mercury is technically feasible.
(B) *Publication* — Not later than 90 days after June 22, 2016, and as appropriate thereafter, the Administrator shall publish in the Federal Register a list of the mercury compounds that are prohibited from export under this paragraph.
(C) *Petition* — Any person may petition the Administrator to add a mercury compound to the list published under subparagraph (B).
(D) *Environmentally sound disposal* — This paragraph does not prohibit the export of mercury compounds on the list published under subparagraph (B) to member countries of the Organization for Economic Co-operation and Development for environmentally sound disposal, on the condition that no mercury or mercury compounds so exported are to be recovered, recycled, or reclaimed for use, or directly reused, after such export.
(E) *Report* — Not later than 5 years after June 22, 2016, the Administrator shall evaluate any exports of mercury compounds on the list published under subparagraph (B) for disposal that occurred after June 22, 2016, and shall submit to Congress a report that—
(i) describes volumes and sources of mercury compounds on the list published under subparagraph (B) exported for disposal;
(ii) identifies receiving countries of such exports;
(iii) describes methods of disposal used after such export;
(iv) identifies issues, if any, presented by the export of mercury compounds on the list published under subparagraph (B);
(v) includes an evaluation of management options in the United States for mercury compounds on the list published under subparagraph (B), if any, that are commercially available and comparable in cost and efficacy to methods being utilized in such receiving countries; and
(vi) makes a recommendation regarding whether Congress should further limit or prohibit the export of mercury compounds on the list published under subparagraph (B) for disposal.
(F) *Effect on other law* — Nothing in this paragraph shall be construed to affect the authority of the Administrator under the Solid Waste Disposal Act ([42 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6901&num=0&edition=prelim) et seq.).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as provided in subsection (b), any person may commence a civil action—
(1) against any person (including (A) the United States, and (B) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of this chapter or any rule promulgated under section 2603, 2604, or 2605 of this title, or subchapter II or IV, or order issued under section 2603 or 2604 of this title or subchapter II or IV to restrain such violation, or
(2) against the Administrator to compel the Administrator to perform any act or duty under this chapter which is not discretionary.
Any civil action under paragraph (1) shall be brought in the United States district court for the district in which the alleged violation occurred or in which the defendant resides or in which the defendant’s principal place of business is located. Any action brought under paragraph (2) shall be brought in the United States District Court for the District of Columbia, or the United States district court for the judicial district in which the plaintiff is domiciled. The district courts of the United States shall have jurisdiction over suits brought under this section, without regard to the amount in controversy or the citizenship of the parties. In any civil action under this subsection process may be served on a defendant in any judicial district in which the defendant resides or may be found and subpoenas for witnesses may be served in any judicial district.
**(b) Limitation** No civil action may be commenced—
(1) under subsection (a)(1) to restrain a violation of this chapter or rule or order under this chapter—
(A) before the expiration of 60 days after the plaintiff has given notice of such violation
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Federal law — U.S. Code and appendices · legal_authorities
It shall be unlawful for any person to—
(1) fail or refuse to comply with any requirement of this subchapter or any rule promulgated, order issued, or consent agreement entered into under this subchapter, or any requirement of subchapter II or any rule promulgated or order issued under subchapter II;
(2) use for commercial purposes a chemical substance or mixture which such person knew or had reason to know was manufactured, processed, or distributed in commerce in violation of section 2604 or 2605 of this title, a rule or order under section 2604 or 2605 of this title, or an order issued in action brought under section 2604 or 2606 of this title;
(3) fail or refuse to (A) establish or maintain records, (B) submit reports, notices, or other information, or (C) permit access to or copying of records, as required by this chapter or a rule thereunder; or
(4) fail or refuse to permit entry or inspection as required by [section 2610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2610&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Solid waste** The Congress finds with respect to solid waste—
(1) that the continuing technological progress and improvement in methods of manufacture, packaging, and marketing of consumer products has resulted in an ever-mounting increase, and in a change in the characteristics, of the mass material discarded by the purchaser of such products;
(2) that the economic and population growth of our Nation, and the improvements in the standard of living enjoyed by our population, have required increased industrial production to meet our needs, and have made necessary the demolition of old buildings, the construction of new buildings, and the provision of highways and other avenues of transportation, which, together with related industrial, commercial, and agricultural operations, have resulted in a rising tide of scrap, discarded, and waste materials;
(3) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, intergovernmental, and technical problems in the disposal of solid wastes resulting from the industrial, commercial, domestic, and other activities carried on in such areas;
(4) that while the collection and disposal of solid wastes should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, demonstration, and application of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid waste disposal practices.
**(b) Environment and
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports**
(1) The Administrator shall promulgate rules under which—
(A) each person (other than a small manufacturer or processor) who manufactures or processes or proposes to manufacture or process a chemical substance (other than a chemical substance described in subparagraph (B)(ii)) shall maintain such records, and shall submit to the Administrator such reports, as the Administrator may reasonably require, and
(B) each person (other than a small manufacturer or processor) who manufactures or processes or proposes to manufacture or process—
(i) a mixture, or
(ii) a chemical substance in small quantities (as defined by the Administrator by rule) solely for purposes of scientific experimentation or analysis or chemical research on, or analysis of, such substance or another substance, including any such research or analysis for the development of a product,
shall maintain records and submit to the Administrator reports but only to the extent the Administrator determines the maintenance of records or submission of reports, or both, is necessary for the effective enforcement of this chapter.
The Administrator may not require in a rule promulgated under this paragraph the maintenance of records or the submission of reports with respect to changes in the proportions of the components of a mixture unless the Administrator finds that the maintenance of such records or the submission of such reports, or both, is necessary for the effective enforcement of this chapter. For purposes of the compilation of the list of chemical substances required under subsection (b), the Administrator shall promulgate rules pursuant to this subsection not later than 180 days after January 1, 1977.
(2) The Administrator may require under paragraph (1) maintenance of r
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Specific enforcement**
(1) The district courts of the United States shall have jurisdiction over civil actions to—
(A) restrain any violation of section 2614 or 2689 of this title,
(B) restrain any person from taking any action prohibited by [section 2604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2604&num=0&edition=prelim), 2605 of this title, or subchapter IV, or by a rule or order under [section 2604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2604&num=0&edition=prelim), 2605 of this title, or subchapter IV,
(C) compel the taking of any action required by or under this chapter, or
(D) direct any manufacturer or processor of a chemical substance, mixture, or product subject to subchapter IV manufactured or processed in violation of [section 2604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2604&num=0&edition=prelim), 2605 of this title, or subchapter IV, or a rule or order under [section 2604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2604&num=0&edition=prelim), 2605 of this title, or subchapter IV, and distributed in commerce, (i) to give notice of such fact to distributors in commerce of such substance, mixture, or product and, to the extent reasonably ascertainable, to other persons in possession of such substance, mixture, or product or exposed to such substance, mixture, or product, (ii) to give public notice of such risk of injury, and (iii) to either replace or repurchase such substance, mixture, or product, whichever the person to which the requirement is directed elects.
(2) A civil action described in paragraph (1) may be brought—
(A) in the case of
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1)
(A) Except as provided in subparagraph (B) of this paragraph and subsection (h), no person may—
(i) manufacture a new chemical substance on or after the 30th day after the date on which the Administrator first publishes the list required by [section 2607(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2607/b&num=0&edition=prelim), or
(ii) manufacture or process any chemical substance for a use which the Administrator has determined, in accordance with paragraph (2), is a significant new use.
(B) A person may take the actions described in subparagraph (A) if—
(i) such person submits to the Administrator, at least 90 days before such manufacture or processing, a notice, in accordance with subsection (d), of such person’s intention to manufacture or process such substance and such person complies with any applicable requirement of, or imposed pursuant to, subsection (b), (e), or (f); and
(ii) the Administrator—
(I) conducts a review of the notice; and
(II) makes a determination under subparagraph (A), (B), or (C) of paragraph (3) and takes the actions required in association with that determination under such subparagraph within the applicable review period.
(2) A determination by the Administrator that a use of a chemical substance is a significant new use with respect to which notification is required under paragraph (1) shall be made by a rule promulgated after a consideration of all relevant factors, including—
(A) the projected volume of manufacturing and processing of a chemical substance,
(B) the extent to which a use changes the type or form of exposure of human beings or the environment to a chemical substance,
(C) the extent to which a use incre
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil**
(1) Any person who violates a provision of section 2614 or 2689 of this title shall be liable to the United States for a civil penalty in an amount not to exceed $37,500 for each such violation. Each day such a violation continues shall, for purposes of this subsection, constitute a separate violation of section 2614 or 2689 of this title.
(2)
(A) A civil penalty for a violation of section section 2614 or 2689 of this title shall be assessed by the Administrator by an order made on the record after opportunity (provided in accordance with this subparagraph) for a hearing in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). Before issuing such an order, the Administrator shall give written notice to the person to be assessed a civil penalty under such order of the Administrator’s proposal to issue such order and provide such person an opportunity to request, within 15 days of the date the notice is received by such person, such a hearing on the order.
(B) In determining the amount of a civil penalty, the Administrator shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other matters as justice may require.
(C) The Administrator may compromise, modify, or remit, with or without conditions, any civil penalty which may be imposed under this subsection. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged.
(3) Any person wh
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) human beings and the environment are being exposed each year to a large number of chemical substances and mixtures;
(2) among the many chemical substances and mixtures which are constantly being developed and produced, there are some whose manufacture, processing, distribution in commerce, use, or disposal may present an unreasonable risk of injury to health or the environment; and
(3) the effective regulation of interstate commerce in such chemical substances and mixtures also necessitates the regulation of intrastate commerce in such chemical substances and mixtures.
**(b) Policy** It is the policy of the United States that—
(1) adequate information should be developed with respect to the effect of chemical substances and mixtures on health and the environment and that the development of such information should be the responsibility of those who manufacture and those who process such chemical substances and mixtures;
(2) adequate authority should exist to regulate chemical substances and mixtures which present an unreasonable risk of injury to health or the environment, and to take action with respect to chemical substances and mixtures which are imminent hazards; and
(3) authority over chemical substances and mixtures should be exercised in such a manner as not to impede unduly or create unnecessary economic barriers to technological innovation while fulfilling the primary purpose of this chapter to assure that such innovation and commerce in such chemical substances and mixtures do not present an unreasonable risk of injury to health or the environment.
**(c) Intent of Congress** It is the intent of Congress that the Administrator shall carry out this chapter in a reasonable and prudent manner, and that the Admin
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Testing requirements**
(1) If the Administrator finds that—
(A)
(i)
(I) the manufacture, distribution in commerce, processing, use, or disposal of a chemical substance or mixture, or that any combination of such activities, may present an unreasonable risk of injury to health or the environment,
(II) there is insufficient information and experience upon which the effects of such manufacture, distribution in commerce, processing, use, or disposal of such substance or mixture or of any combination of such activities on health or the environment can reasonably be determined or predicted, and
(III) testing of such substance or mixture with respect to such effects is necessary to develop such information; or
(ii)
(I) a chemical substance or mixture is or will be produced in substantial quantities, and (aa) it enters or may reasonably be anticipated to enter the environment in substantial quantities or (bb) there is or may be significant or substantial human exposure to such substance or mixture,
(II) there is insufficient information and experience upon which the effects of the manufacture, distribution in commerce, processing, use, or disposal of such substance or mixture or of any combination of such activities on health or the environment can reasonably be determined or predicted, and
(III) testing of such substance or mixture with respect to such effects is necessary to develop such information; and
(B) in the case of a mixture, the effects which the mixture’s manufacture, distribution in commerce, processing, use, or disposal or any combination of such activities may have on health or the environment may not be reasonably and more efficiently determined or predicted by testing the chemical substances which
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Federal law — U.S. Code and appendices · legal_authorities
Page 1881
TITLE 15—COMMERCE AND TRADE
§ 2611
rule promulgated, order issued, or consent
agreement entered into thereunder),
unless the nature and extent of such informa-
tion are described with reasonable specificity in
the written notice required by subsection (a) for
such inspection.
(c) Subpoenas
In carrying out this chapter, the Adminis-
trator may by subpoena require the attendance
and testimony of witnesses and the production
of reports, papers, documents, answers to ques-
tions, and other information that the Adminis-
trator deems necessary. Witnesses shall be paid
the same fees and mileage that are paid wit-
nesses in the courts of the United States. In the
event of contumacy, failure, or refusal of any
person to obey any such subpoena, any district
court of the United States in which venue is
proper shall have jurisdiction to order any such
person to comply with such subpoena. Any fail-
ure to obey such an order of the court is punish-
able by the court as a contempt thereof.
(Pub. L. 94–469, title I, § 11, Oct. 11, 1976, 90 Stat.
2032; renumbered title I, Pub. L. 99–519, § 3(c)(1),
Oct. 22, 1986, 100 Stat. 2989; amended Pub. L.
102–550, title X, § 1021(b)(2), (3), Oct. 28, 1992, 106
Stat. 3923; Pub. L. 114–182, title I, § 19(j), June 22,
2016, 130 Stat. 507.)
Editorial Notes
AMENDMENTS
2016—Subsec. (b)(2). Pub. L. 114–182, § 19(j)(1), sub-
stituted ‘‘information’’ for ‘‘data’’ wherever appearing.
Subsec. (b)(2)(E). Pub. L. 114–182, § 19(j)(2), substituted
‘‘rule promulgated, order issued, or consent agreement
entered into’’ for ‘‘rule promulgated’’.
1992—Subsec. (a). Pub. L. 102–550, § 1021(b)(2), in first
sentence, substituted ‘‘substances, mixtures, or prod-
ucts subject to subchapter IV’’ for ‘‘substances or mix-
tures’’ and insert
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